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    Highlights of the ICANNWatch Archive
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    Uniform Dispute Resolution Policy (UDRP) Sauce for the Goose?
    posted by michael on Friday April 13 2001, @08:52AM

    According to Drew Cullen, writing in The Register, Kenneth J. Harvey, the owner of the wallmartcanadasucks.com, who last November defeated Wall-Mart's attempt to wrest the domain name from him under the UDRP, has now sent a demand letter to Wall-Mart demanding they hand over wallmartcanadasucks.net, wallmartcanadasucks.org and wallmartcanadasucks.ca.



    Allthough there's obviously a tongue-in-cheek -- or maybe just cheeky -- aspect to the demand letter (quoted in full in the Register's article) there's also a problem a law professor could love. Harvey's interest in the domain names is non-commercial, so the UDRP doesn't apply. And Wall-Mart presumably isn't doing anything with the domains except to warehouse them. But is its use "commercial" since it's trying to protect its brand? Arguably, yes. But before you go and celebrate finding the first case in which the UDRP works against the interest of a big trademark holding corporation, recall that merely making commercial use isn't enough - it has to be in 'bad faith' which means having no legitimate interest in the name. Arguably, Wall-Mart's interest in preventing its critics from banding together easily to criticize it is, legally, 'legitimate' for all it may not be admirable.

    [To respond, or start a new comment thread, click the "Send Your Comment" button in the yellow box to the right.]

     
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    This discussion has been archived. No new comments can be posted.
    Sauce for the Goose? | Log in/Create an Account | Top | 1 comments | Search Discussion
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    Re: Sauce for the Goose?
    by michael (froomkin@lawUNSPAM.tm) on Saturday April 14 2001, @05:06AM (#527)
    User #4 Info | http://www.discourse.net/
    Discussion of this over at slashdot.
    [ Reply to This | Parent ]


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